Jan 25 Sensors and Instrumentation TAC Meeting Discuss Pending Rules, Tiers
The Bureau of Industry and Security's Sensors and Instrumentation Technical Advisory Committees (TAC) held a partially open meeting on January 25, 2011. The agenda for the public session included remarks from BIS Management and industry presentations on four pending notices, two from the Commerce Department and two from the State Department, with February 7 and 8, 2011 comment due dates, respectively.
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(In December 2010, BIS issued an advanced notice of proposed rulemaking (ANPR) seeking comments on how the descriptions of items controlled on the Commerce Control List (CCL) could be more clear, positive, and "tiered," in a manner consistent with the control criteria of the export control reform effort. BIS also issued a proposed rule to add a new License Exception Strategic Trade Authorization (STA) to allow exports, reexports and transfers (in-country) of specified items to destinations that pose little risk of unauthorized use of those items, subject to certain notification and statement requirements. Also in December 2010, the State Department issued an ANPR requesting comments on revisions to make the USML positive and tiered, etc., and a proposed rule to revise Category VII of the U.S. Munitions List (USML) to assign tiers and describe more precisely the defense articles therein.)
Info from Trade on Foreign Manufacturing Needed for STA Proposed Rule
The Commerce Department notice concerning License Exception STAs, has a comment due date of February 7, 2010. It was emphasized during this meeting that there will be no extension of the comment period. The government is asking for industry to help the government gather information on the availability and indigenous manufacturing of items on CCL in other countries on a capability basis. It was stated that industry comments will be useful for the consideration of whether an item should remain in scope of STA or pulled out of STA into Tier 1 status, or some other treatment on the CCL.
Currently No Set Schedule for USML Tiering Decisions, but that Could Change
The government also seeks comments on how to structure the USML in a positive objective way. It was stated that there is no set schedule for tiering decisions, however, in the future there may be a regular process (such as an annual review) to categorize items in the groups of categories once a base line is set. It was stated that there will be further opportunities for comments on aspects of the CCL that are not in a positive format, or to special design items, which will be addressed later, but TAC urges industry to meet the February comment due dates for all four of the proposed rules.
(See ITT's Online Archives or 12/09/10 news, 10120921, for BP summary of BIS ANPR seeking comments on making the CCL clear, positive, and tiered.
See ITT's Online Archives or 12/09/10 news, 10120914, for BP summary on BIS proposed rule for new Export License Exception STA for low-risk items, destinations.
See ITT's Online Archives or 12/10/10 news, 10121021, for BP summary of the State Department's ANPR on revisions to make USML positive, tiered.
See ITT's Online Archives or 12/10/10 news, 10121013, for BP summary of the State Department proposed rule to assign a tier system to USML Category VII.)